bharat heavy electricals limited...list of firms banned by bhel is available on bhel web site . g)...
TRANSCRIPT
![Page 1: BHARAT HEAVY ELECTRICALS LIMITED...list of firms banned by BHEL is available on BHEL web site . g) Being PMD vendor, if you are not quoting against this tender enquiry, please send](https://reader036.vdocuments.mx/reader036/viewer/2022062417/61344bf1dfd10f4dd73ba3ec/html5/thumbnails/1.jpg)
BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 1 of 12
Table of Contents
1. GENERAL ..................................................................... 1
2. ORIGIN OF QUOTATION .............................................. 1
3. SUBMISSION OF TENDER ............................................ 1
4. TENDER OPENING ....................................................... 2
5. SPECIFICATION, DRAWINGS & STANDARD ................. 2
6. PRICE SCHEDULE ......................................................... 3
7. REVERSE AUCTION ...................................................... 3
8. DELIVERY TERMS ......................................................... 4
9. PENALTY FOR LATE DELIVERY ..................................... 4
10. PAYMENT TERMS .................................................... 4
11. TAXES & DUTIES ...................................................... 5
12. BANK GUARANTEE .................................................. 6
13. GUARANTEE / WARRANTY AND CORRESPONDING
REPAIRS / REPLACEMENT OF GOODS ................................. 6
14. QUALITY REQUIREMENT ......................................... 6
15. VALIDITY .................................................................. 6
16. RIGHT OF ACCEPTANCE ........................................... 6
17. TRANSIT INSURANCE ............................................... 7
18. RISK PURCHASE ....................................................... 7
19. FORCE MAJEURE CLAUSE ........................................ 7
20. NON-DISCLOSURE AGREEMENT .............................. 8
21. SETTLEMENT OF DISPUTES / ARBITRATION ............ 8
22. WHARFAGE / DEMURRAGE RESPONSIBILITY .......... 8
23. CONDITIONS FOR AVAILING MICRO & SMALL
ENTERPRISES (MSE’S) BENEFITS .......................................... 8
24. INFORMATION TO THE BIDDERS ........................... 10
25. MAKE IN INDIA (GOVT-NOTIFICATION) ................. 10
26. NOTE ..................................................................... 11
1. GENERAL.
These general terms & conditions shall apply to all the Tender
Enquiries, notice inviting tenders, request for quotations
concerning the supply of goods and / or rendering of services to
Bharat Heavy Electricals Ltd., HEEP, Haridwar (hereinafter
referred to as BHEL or the Purchaser). In case of placement of
order these conditions will become part of Purchase Order (P.O)
until unless the deviations are specifically agreed by BHEL.
2. ORIGIN OF QUOTATION.
a) The quotation should preferably be from the principal bidder.
However tender specific authorized registered dealer/agent
can also submit the bid on their behalf, failing which the
quotation is liable to be ignored. BHEL prefers to deal directly
with the principal manufacturers.
b) An agent cannot quote on behalf of more than one principal
in the same Tender Enquiry.
3. SUBMISSION OF TENDER.
a) Bid / Quotation must be enclosed in sealed cover on which
tender enquiry number and the due date MUST BE written
and be invariably sent under REGISTERED POST / SPEED POST
/ COURIER / Dropped in the Tender Box: addressed as follows:
-
Quotation against Enquiry No._______________ Dated: ____________________ Due on: ___________________ To,
THE HEAD OF MATERIALS MANAGEMENT, Heavy Electrical Equipment Plant, Bharat Heavy Electricals Limited, HARIDWAR-249403 (Uttarakhand), INDIA.
b) TENDER ROOM is located at: Room No. - 415, 4th Floor, Main
Admin. Building, BHEL-HEEP, Haridwar.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 2 of 12
c) In case of Three / Two Part Bid, technical bid containing
technical offer, duly signed and un-priced copy of the Price Bid
should be kept in one envelope. Price Bid containing only the
price should be kept in a separate envelope. All envelopes
indicating Part-1 or Part-2 or Part-3 as the case may be to be
put in a bigger envelope. Please note that un-priced bid should
be the exact replica of price bid but without prices.
d) The bid / quotation must be posted before due date, keeping
allowance for postal transit time. Quotations sent by any
mode but not received in time will be ignored. Tender
received through authorized E-mail is also acceptable.
However, in time submission of tender in tender box shall be
the responsibility of the bidder, sent through any mode.
Documents submitted with the offer / bid shall be signed and
stamped in each page by authorized representative of the
bidder.
e) Any additional documents submitted by supplier / bidder,
during processing of registration application / tender or after
placement of order shall not be accepted unless it is submitted
with forwarding letter and duly signed and stamped.
f) The bids of the bidders who are on the banned list and also
the bids of the bidders, who engage the services of the banned
firms, shall be rejected. The cutting / overwriting in the bid /
offer must be duly attested by the signatories to the bid. The
list of firms banned by BHEL is available on BHEL web site
www.bhel.com.
g) Being PMD vendor, if you are not quoting against this tender
enquiry, please send your regret letter positively for our
reference with valid reasons for not participating in the tender
enquiry. Repeated lack of response on the part of bidder may
lead to deletion such PMD vendor from BHEL’s approved
vendor list.
h) The bidders will submit Integrity Pact, duly signed by its
authorized signatory, along with their bids wherever
estimated tender value is Rs. 5 Crore or more.
i) In case of open tender, the unregistered bidder shall submit
inter alia duly filled-in Supplier Registration Form (SRF) along
with the bid. Bidders can download the SRF from
www.bhel.com
j) BHEL reserves the right to award tendered quantities among
more than one bidder (after acceptance of L1 price by the
other bidders). BHEL can also consider awarding of part of the
tendered quantity to other than L-1 bidder at L1 counter
offered rates, if the quantity offered by the L-1 bidder is less
than the quantity tendered for.
k) In case of e-Tendering (Online bidding through e-portal),
offline bid submitted in hard copy or in any other form by the
vendor / supplier will not be accepted and will be rejected out
rightly. Only e-portal bid will be accepted.
4. TENDER OPENING.
Tender opening is scheduled to start in the Tender Room at
2:00 PM, on the due date. Therefore, bid / quotations must
reach this office / tender Box latest by 1:45 PM on due date.
Only participating bidders are allowed to attend tender
opening. TENDERS RECEIVED AFTER THE SPECIFIED TIME OF
THEIR 'SUBMISSION' WILL BE TREATED AS LATE TENDERS
AND SHALL NOT BE CONSIDERED UNDER ANY
CIRCUMSTANCES. The bidders or their authorized
representatives may be allowed to attend tender opening if
duly authorized by their principals, through a tender specific
letter on that particular day. General authorization letter is
not acceptable.
Note: - Foreign bidders willing to attend the bid opening has
to provide the requisite documents to the concerned
Purchase executives for arranging gate pass for them.
5. SPECIFICATION, DRAWINGS & STANDARD.
a) Bidders must give their detailed specification in the quotation along with relevant technical literature / catalogue etc. against the tender enquiry.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 3 of 12
b) The Bid should be accompanied with relevant copies of catalogues, drawings or specification as per tender enquiry. If these documents are not furnished, the offer is liable to be rejected.
c) Wherever national / international (N/IN) standards are
referred, the latest N/IN standards are to be followed. Mention year & date of standard revision that shall be followed for the supply.
d) All Drawings and Standards are proprietary of BHEL. It must
not be used in anyway detrimental to the interest of the company.
6. PRICE SCHEDULE.
a) Kindly quote your prices in figures and words both. In case of
any discrepancy in value, the prices quoted in words shall be
considered for evaluation and establishing L1 status.
b) Prices quoted should not be more than the prices quoted to
any other BHEL units / offices / divisions. Vendor to submit
copy of latest Purchase Order placed by any unit of BHEL for
similar items in the technical bid. In case no order has been
placed on such items, specific confirmation that no order has
been placed on such items should be provided.
c) Prices should be quoted on F.O.R. Destination basis. Transit
insurance shall be arranged by BHEL and not to be included in
the prices. The offers quoted on other than F.O.R destination
basis may result in non-consideration of such bids.
d) In case BHEL accepts the EX-Works prices, such offers will be
loaded by 1.5% of EX-Works value towards freight or with
actual freight charges as per BHEL freight rate contract
whichever is higher.
e) In case of Indigenous items covered by DGS & D Rate Contract,
the bidders should submit latest valid copy of the rate contract
along with bid / quotation
f) Applicable IGST / CGST / SGST and any other statutory levy
should be indicated separately and clearly in the bid /
quotation.
g) Bidders can dispatch goods through any Indian Bank
Association approved transporters having their branch at
HARIDWAR / destination. If material is dispatched through
other than Indian Bank Association approved transporter,
material to be delivered on door delivery BHEL Stores basis.
h) In case of dispatch of material through any other unapproved
transporter, payment shall be made only after receipt of
material and any additional charges payable to the
transporter shall be to the bidder's account.
i) Any demurrage / godown rent payable to the transporter / or
to godown’s owner due to any delay attributed by the supplier
shall be recovered from supplier’s account.
NB: Financial evaluation of L1, L2 …..Status will be on the basis
of Landed Cost to BHEL.
7. REVERSE AUCTION.
a) BHEL reserves the right to go for Reverse Auction (RA) instead
of opening the sealed envelope price bid, submitted by the
bidder. This will be decided after Techno-Commercial
Evaluation. All bidders to give their acceptance for
participation in RA. Non-acceptance to participate in RA may
result in non-consideration of their bids, in case BHEL decides
for RA. Detailed guidelines available at our site www.bhel.com
b) In case BHEL decides to go for Reverse Auction, only those
bidders who have given their acceptance to participate in RA
will be allowed to participate in the Reverse Auction. Those
bidders who have given their acceptance to participate in
Reverse Auction will have to necessarily submit 'online sealed
bid' in the Reverse Auction. Non-Submission of 'online sealed
bid' by the bidder will be considered as tampering of the
tender process and will invite action by BHEL as per extant
guidelines in vogue.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 4 of 12
8. DELIVERY TERMS.
a) Goods shall be delivered on ‘FOR Destination’ basis to the
named destination unless otherwise called for in the tender
enquiry.
b) Loading on account of 3rd party inspection charges in case of
Indian bidders shall be 0.20%.
9. PENALTY FOR LATE DELIVERY.
a) Where items of Purchase Order are independently usable. Penalty for Late Deliveries shall be applicable @0.5% per week or part thereof on the value of respective delayed supplies subject to a maximum of 10% of the value of respective delayed supplies. Value of delayed supplies will mean the Gross Value payable to the vendor (Before LD) against such supplies excluding taxes and duties.
b) Where the total items are required for a main equipment and items are interdependent. Penalty for Late Deliveries shall be applicable @0.5% per week
or part thereof on total value of Purchase Order subject to maximum of 10% of the total value of Purchase Order. Purchase Order value for this purpose shall be the Total Gross Value payable to the vendor (Before LD) excluding taxes and duties.
c) Bidders are requested to quote the best delivery meeting the delivery requirements. BHEL reserves the right to reject the offers not meeting BHEL's delivery requirement.
d) Commencement of delivery period shall be reckoned from the
date of PO / LOI or any other agreed milestone.
e) Bidder shall deliver the goods in the manner and schedule
agreed under the terms and conditions of Purchase order.
f) DELIVERY IN CASE OF REJECTION: In case the material is
rejected, then date of replacement will be considered as the
actual date of delivery.
g) DELIVERY AGAINST BANK DOCUMENTS: In case payment
terms quoted by bidder are documents through bank, and the
delivery terms being “FOR Haridwar / FOR Transporter Go-
down” then date of delivery will be date of intimation by
transporter / bidder of delivery of material at Haridwar for the
penalty purpose.
g) Where the payments are through bank, the documents may
be presented for negotiation to BHEL authorized / nominated
bank.
10. PAYMENT TERMS.
a) BHEL’s standard payment term is Payment after receipt and acceptance of materials / items at HEEP, BHEL-Store or at desired destination unless otherwise specified in Special Terms attached to the tender enquiry.
b) BHEL reserves the right to accept or reject the offer of the
bidder who quotes the payment term other than BHEL’s standard payment term.
c) Loading on account of deviation in payment terms shall be
done as per extant rules of BHEL-Haridwar. d) 100% payment along with taxes, freight & insurance will be
made after receipt and acceptance of material and within 75 days from the date of invoice subject to submission of non-discrepant documents within 15 days of supply as per terms and conditions of Purchase Order. In case any discrepancy found in the documents, BHEL will notify the same to vendor within 7 days of receipt. Vendor has to clear all the discrepancies in one go within 7 days thereafter else the payment of vendor may get delayed.
e) For MSEs (covered under MSME Act) which are registered and periodically renewed with BHEL, the payment will be made within 45 days or as prescribed in the relevant act.
f) Adherence to the above time schedule of payment is
contingent upon Vendor complying with GST Rules w.r.t availment of Input Tax Credit by BHEL.
g) In case GST credit is delayed / denied to BHEL, due to non /
delayed receipt of goods and / or tax invoice or expiry of the timeline prescribed in GST Law for availing such ITC, or any other reason not attributable to BHEL, GST amount shall be
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 5 of 12
recoverable from Vendor along with interest levied / leviable on BHEL.
h) The taxes and duties that are reimbursed would be the ones
applicable as on the contractual Purchase order delivery date or the amount actually paid whichever is less.
i) The loading criteria for the different payment terms shall be as under;
Payment Terms Days of Loading
After Receipt & Acceptance of material within 75 days of supply.
No Loading
Against Delivery at BHEL-Stores Haridwar.
45
Against documents through bank (CAD):
45
Letter of Credit (LC) 120
Usance LC
No Loading if usance period is > 120 Days.
Loading of days’ difference i.e. difference between 120 days and usance period if the usance period is < 75 days.
Advance Delivery Period + 120 Days - Advance Payment Days.
11. TAXES & DUTIES.
a) The bidder to specify in their offer (part 1 bid) the category of
their registration under GST like Registered, Unregistered and
composite dealer.
b) The provisional GST registration number of Bharat Heavy
Electrical Ltd, Heavy Electricals Equipment Plant, Ranipur,
Haridwar is “05AAACB4146P1ZL” with state Code as “05” and
State Name as “Uttarakhand”.
c) Please quote our provisional GST registration number in all
invoices raised for supply of goods and services under GST
regime and also ensure filing of timely return and payment of
tax and compliance of other applicable provisions on supplier
under GST regime.
d) No GST will be reimbursed to unregistered or composite
dealer. In the event, any GST is quoted by composite dealer,
the same shall be added to the cost of supply in evaluating the
bid.
e) Since, input credit of GST will be available to BHEL-Haridwar
only after correct filing of return and payment of applicable
GST by supplier, reimbursement of GST shall be made by
BHEL-Haridwar on matching of vendor inputs at GST portal,
ensuring availability of input credit to BHEL Haridwar.
Payment of GST will be made to vendor after matching of
input credit and vendor to ensure submission of their invoices
along with consent to accept payment of tax after such
matching in all cases where bills are submitted directly to
BHEL-Haridwar or through bank or under LC or through any
other mode.
f) In the event of any disallowance of input credit or applicability
of interest or any other financial liability arises on BHEL-
Haridwar due to any default of supplier under GST, such
implication shall be to supplier’s account.
g) In the event of any change in the status of the vendor after the submission of the bid but before the supply, GST applicable at the time of supply or in the bid, based on the registration status of the vendor, whichever is lower shall be payable.
h) Where ever applicable If PAN (Permanent Account Number)
of the recipient is not available, income tax is deductible either at the normal rate or at the rate of 20 percent, whichever is higher as per Section 206AA of Indian Income Tax Act 1961.
i) The bidder shall clearly indicate HSN (Harmonised System
Nomenclature) / SAC (Service Accounting Code), its
description and applicable rate of GST for each item in his
techno-commercial bid.
j) Statutory Variation in Taxes & duties as applicable at the time
of supply shall be payable. However, in the event of no change
in law but bidder quoting certain tax structure in bid
document which is lower than the applicable one, such
amount shall be the maximum amount of tax that can be
claimed by bidder.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 6 of 12
k) IMPORTED GOODS OFFERED BY INDIAN BIDDERS AGAINST
DEALER INVOICE: Wherever the material being offered is
imported, the bidder must quote the prices inclusive of IGST.
The rate and value of IGST as included in the price must be
indicated separately. In case quantum of IGST is not
mentioned by the bidder the same will not be considered for
evaluation. However, bidder will have to pass on the benefit
of IGST to BHEL at the time supply.
l) In case of directly dispatchable items to Customer’s Site,
BHEL-Haridwar will inform the GST registration number of the
respective customer which must be mentioned on the
vendor’s invoice. Vendor to ensure availability of such
information from BHEL-Haridwar before dispatch of any
material. However, while filing GSTN-1, BHEL Haridwar GSTN
number to be quoted.
Note: - Vendors must ensure compliance of all the applicable
rules and procedure as envisaged in the GST Regime. Any loss
to BHEL-Haridwar due to fault / non-compliance by the vendor
will be to the vendor’s account.
12. BANK GUARANTEE.
In case the bank guarantees are required to be deposited
towards security deposit/performance guarantee or for any
other purpose as per the terms of this tender enquiry, such
bank guarantees of the requisite value in the denominated
currency of the purchase order should be from one of the
Indian branch of BHEL consortium banks and the bank
guarantee should be in the proforma as prescribed by BHEL.
The proforma of bank guarantee and the list of consortium
banks are displayed at BHEL website www.bhelhwr.co.in.
However, in case the bank guarantee is not from BHEL
consortium banks, then the bidder has to get the bank
guarantee confirmed from one of the Indian branch of BHEL
consortium banks and the bank charges for such confirmation
will be borne by the bidder.
13. GUARANTEE / WARRANTY AND CORRESPONDING REPAIRS
/ REPLACEMENT OF GOODS.
Goods shall comply with the specifications for material, workmanship and performance. Unless otherwise specified, the warranty shall be for a period of 18 months from the date of receipt. If the delivery is found non-compliant during the warranty period, leading to rejection, the Seller shall arrange free replacement / repair of goods, within one month from the date of intimation or any mutually agreed period. The rejected goods shall be taken away by the Seller at his cost and replaced on Delivered Duty Paid (DDP) (FOR - BHEL Stores / designated destination basis) within such period. In the event of the Seller’s failure to comply, Purchaser may take action as appropriate, including Repair / Replenish rejected goods & disposal of rejections, at the risk & cost of the Seller. In case the defects attributable to Seller are detected during processing of the goods at BHEL or at our subcontractor’s works, the Seller shall be responsible for free replacement / repair of the goods as required by BHEL.
b) RETURN OF REJECTED MATERIAL FOR REPLACEMENT: The
bidder shall have to pay 5% incidental charges while taking back supplied material if it is found rejected on receipt. The rejected material shall be sent back only after receipt of replacement / submission of BG / refund of amount paid.
14. QUALITY REQUIREMENT.
Your bid / quotation should have specific confirmation
regarding meeting all our quality requirements such as. (i) Test
Certificate (TC), (ii) Guarantee Certificate (GC) / Warranty
Certificate (WC), (iii) Quality Plan (QP) (if applicable); and (iv)
Pre-Dispatch Inspection at your works (if applicable).
15. VALIDITY.
The quotation should be valid for a minimum period of 90 days
effective from the date of opening of tender, unless otherwise
specified in the tender enquiry.
16. RIGHT OF ACCEPTANCE.
a) BHARAT HEAVY ELECTRICALS LIMITED HARIDWAR reserves
the right to reject any or all the bids / quotations without
assigning any reason thereof. BHEL also reserves the right to
increase or decrease the tendered quantities. Bidders should
be prepared to accept order for reduced quantity without any
extra charges.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 7 of 12
b) Any discount / revised offer / bids submitted by a bidder on its
own shall be considered, provided it is received on or before
the due date and time of offer / bid submission (Part-1).
Conditional discounts shall not be considered for evaluation
of tenders.
c) Unsolicited discounts / revised offers / bids given after Part-1
bid opening shall not be accepted. No change in price will be
permitted within the validity period asked for in the tender
enquiry.
d) In case of changes in scope and / or technical specification and
/ or commercial terms & conditions having price implication,
techno-commercially acceptable bidders shall be asked by
BHEL to submit the impact of such changes on their price bids.
In case a bidder opts to submit revised price bid instead of
impact called for then the latest price bid shall prevail.
However, in both situations, original price bid will be
necessarily opened.
e) The bidder whose bid is technically not accepted will be
informed & EMD wherever submitted shall be returned after
finalization of contract. EMD shall be forfeited in the event of
bidder opting out after tender opening.
f) BHEL reserves the right to short close the existing Purchase
Order / Rate Contract / Work Order or any extension thereof
at any stage.
17. TRANSIT INSURANCE.
a) Transit Insurance will be covered by BHEL under its open
Insurance Policy. Seller shall inform dispatch particulars
(Purchase Order, RR /GR, Invoice value etc.) to "Finance
department (Store bill Section), BHEL Ranipur, Haridwar
(Uttarakhand-India) with value of consignment to the
Purchaser within 07 days of dispatch for BHEL to arrange
insurance coverage in its policy. Failure on the part of seller to
inform dispatch particulars will make him liable to pay for any
transit damages / losses suffered by the Purchaser.
b) If Quoted Prices are inclusive of transit insurance, no
weightage shall be given while evaluating the bids for Cost of
Insurance, being in BHEL Scope.
18. RISK PURCHASE.
In case of abnormal delays (beyond the maximum late delivery
period as per Penalty clause) in supplies / defective supplies
or non-fulfillment of any other terms and conditions given in
Purchase Order, BHEL may cancel the Purchase Order in full or
part thereof, and may also make the purchase of such material
from elsewhere / alternative source at the risk and cost of the
supplier. BHEL will take all reasonable steps to get the material
from alternate source at optimum cost. If bidder does not
agree to the above Risk Purchase Clause, BHEL reserves the
right to reject the offer. In case for compelling reasons BHEL
accepts the offer without acceptance of this clause by the
bidder and in the eventuality of Risk Purchase, appropriate
action will be taken as per BHEL extant rules. This will be
without prejudice to any other right of BHEL under the
contract.
19. FORCE MAJEURE CLAUSE.
Notwithstanding any other thing contained anywhere else in
the contract or PO (Purchase Order), In case the discharge of
obligation under the contract by either party is impeded or
made unreasonably onerous, neither party shall be considered
in breach of the contract to the extent that performance of their
respective obligation is prevented by an event of Force Majeure
that arises after the effective date (PO date).
In the above clause, Force Majeure means an event beyond the
control of the parties to the contract which prevents a party
from complying with any obligation of the contract including but
not limited to:
a) Act of God (Such as but not limited to earthquake, drought,
tidal waves, floods etc.).
b) War (whether war be declared or not), Hostilities Invasion, Act
of foreign enemy etc.
c) Rebellion, revolution, insurrection, civil war etc.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 8 of 12
d) Contamination of Radio Activity from any nuclear fuel or from
any other nuclear waste or any other hazardous materials.
e) Riots, commotions, strike unless restricted to the employees
of supplier.
f) Acts of terrorism.
g) Other unforeseeable circumstances beyond the control of the
parties and which the affected party cannot avoid even by
using its best efforts.
h) Cancellation of contract by customer.
i) Change in law / government. Regulation making the
performance impossible.
The party claiming to be affected by force majeure shall notify the
other party in writing immediately without delay on the
intervention and on the cessation of such circumstances.
Irrespective of any extension of time, if an event of force majeure
occurs and its effect continues for more than 180 days the
affected party shall have right to cancel the contract.
As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, either Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement.
The party shall, and shall ensure that its Subcontractors shall, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs) to:
a) Prevent Force Majeure Events affecting the performance of the party's obligations under this Agreement.
b) mitigate the effect of any Force Majeure Event and c) Comply with its obligations under this Agreement.
If the war like situation has developed in a country where a
seller’s works is located in this P.O. or there is political instability
and Indian Embassy located in that country forbids or advises for
not having any business dealing with the sellers located in such
zone / region/ country, then BHEL reserves the right to cancel the
order.
20. NON-DISCLOSURE AGREEMENT.
All Drawing and Technical Documents relating to the product or
it’s manufacture submitted by one party to the other, prior or
subsequent to the formation of contract, shall remain property of
the submitting party. Drawing, technical documents or other
technical information received by one party, shall not without the
consent of the other party, be used for any other purpose than
that, for which they were provided. Such technical information
shall not without the consent of the submitting party, otherwise
be used or copied, reproduced, transmitted or communicated to
a third party. Patterns supplied by BHEL will remain BHEL's
property which shall be returned by the bidder on demand to
BHEL. Bidder shall in no way share or use such intellectual
property of BHEL to promote his own business with others. BHEL
reserves the right to claim damages from the bidder, or take
appropriate penal action as deemed fit against the bidder, for any
infringement of the provisions contained herein.
21.SETTLEMENT OF DISPUTES / ARBITRATION.
In all cases of dispute, the mater shall be referred for
ARBITRATION by sole arbitrator to be appointed by the Unit
Head of Bharat Heavy Electricals Ltd., at HARIDWAR. The
award of the Arbitrator shall be final and binding on both the
parties. The place of Arbitration shall be Haridwar.
JURIDICTION: The courts of Haridwar, India, shall have
exclusive jurisdiction.
22. WHARFAGE / DEMURRAGE RESPONSIBILITY.
In the event of delay in receipt of documents by Manager
(Stores-Shipping) BHEL-Haridwar and in case where
dispatches are made through Unapproved Transporter the
sole responsibility for wharfage / demurrage for such delay
shall be that of supplier.
23. CONDITIONS FOR AVAILING MICRO & SMALL ENTERPRISES
(MSE’S) BENEFITS.
a) “MSE Suppliers can avail the intended benefits only if they
submit along with the offer, attested copies of either EM II
certificate having deemed validity (five years from the date of
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 9 of 12
issue of acknowledgement in EM II) or valid NSIC certificate or
EM II certificate along with attested copy of a CA certificate
(Format enclosed at annexure-1 where deemed validity of EM
II certificate of five years has expired) applicable for the
relevant financial year (latest audited). Date to be reckoned
for determining the deemed validity will be the date of bid
opening (Part 1 in case of two-part bid) or vendor has to give
Udyog Adhar Memorandum (UAM). Non submission of such
documents will lead to consideration of their bid at par with
other bidders. No benefit shall be applicable for this enquiry if
any deficiency in the above required documents is found or
the requisite documents are not submitted before price bid
opening. If the tender is to be submitted through e-
procurement portal, then the above require document are to
be uploaded on the portal. Documents should be notarized or
attested by a Gazetted officer.” UAM need not required to be
notarized or attested.
b) Any new supplier will be eligible for registration with BHEL as MSE supplier provided at least any one of the following documents are submitted along with application for registration: -
1. Udyog Adhar Memorandum (UAM). 2. Valid National Small Industries Commission (NSIC) Certificate. 3. Entrepreneurs Memorandum part II (EM II) certificate (valid
based on deemed validity of 5 years) or 4. EM II certificate along with attested copy of CA Certificate (as
per prescribed format at annexure-A) applicable for the relevant financial year (latest audited), where the deemed validity of EM II is over.
5. However, credentials of all MSE suppliers will be verified
before advancing the intended benefits.
6. MSE bidders claiming SC/ST status will have to submit SC/ST
certificate of the Proprietor from competent authority.
Attested (notarized or attested by Gazetted officer) copy to be
submitted along with the offer.
7. In case techno-commercial accepted bidders include MSE
source and their prices (based on landed cost – considering
quoted prices) are within the price band of 15% w.r.t. L-1
bidder, then BHEL can offer 25% of quantity of respective item
(rounded off to nearest number) to MSE bidders at L-1 price
and in case, more than one MSE bidder is in 15 % band and
the same is accepted by more than one MSE bidders then 25%
quantities of respective items will be considered for ordering
on proportionate basis amongst MSE bidders.
8. There will be minimum of 3% reservation for women owned
MSEs within the above mentioned 25% reservation.
9. The reservation for MSEs owned by SC/ST will be 6.25% { 25%
out of target of 25% - refer para 4 of Public Procurement Policy
for the Micro and Small Enterprises(MSEs)}.
10. The definition of MSEs owned by Women Entrepreneurs is
clarified as under:
a) In case of proprietary MSE, proprietor shall be Woman.
b) In case of partnership MSE, the Woman partners shall be
holding at least 51% of share in the unit.
c) In case of Private Limited companies, at least 51% share
shall be held by Women promoters.
11. The definition of MSEs owned by SC/ST is clarified as under:
a) In case of proprietary MSE, proprietor(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be
holding at least 51% of shares in the unit.
c) In case of Private Limited companies, at least 51% share
shall be held by SC/ST promoters.
12. While distributing the 25% quantity amongst MSE bidders the
decimal points in quantity shall be ignored for all the bidders
except the L-1 amongst MSE bidders. Balance quantity after
allocating the quantity to other MSE bidders ignoring the
quantities in decimal, shall be given to L-1 (amongst MSE)
bidder. However, if there are more than one MSE bidder at
the same price level than preference for additional quantities
due to ignoring off the decimal (as mentioned above) shall be
given to the bidder offering favorable terms to BHEL and if the
conditions offered are also same then preference will be given
to the bidder having high SPR rating.
13. In case there are more than one MSE bidders (with different
landed cost to BHEL) within 15% price band of lowest bidder
and quantity to be offered is 1 no. only, then preference shall
be given to the MSE bidder with lowest landed cost.
14. In case there are more than one MSE bidders (with same
landed cost to BHEL) within 15% price band of lowest bidder
and quantity to be offered is 1 no. only, then preference shall
be given first, based on the favorable terms in the bid and in
case terms are also same, the bidder with high SPR rating shall
be given preference.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 10 of 12
15. If L1 bidder is MSE bidder, entire quantity will be given to such
MSE bidder only.
16. Note: It may however be noted that MSE guidelines as on date
(Date of Technical Bid Opening Part-1) shall prevail.
17. “As per the OM No. F.No. 1(2)(1)/2016-MA dtd. 09.02.2017
issued from the Office of Development Commissioner (Micro,
Small & Medium Enterprises), “Traders and agents should not
be allowed to avail the benefits extended under the PP
Policy.”
In view of this, it is clarified that benefits of MSE (such as EMD Waiver, Tender fee exemption, Price preference, Payment preference etc.) will be given only to those MSE Vendors who are manufacturers of offered items against the NIT. No MSE benefits shall be provided to Agents / Stockists / Dealers / Traders etc. for the items offered but not manufactured by themselves.”
24. INFORMATION TO THE BIDDERS.
a) Purchase related information is available at our Business-to-
Business (B2B) Portal available on our website
www.bhelhwr.co.in The user ID & password can be obtained
by sending a request to concerned purchase executives.
b) Intimate your change in mail address or communication
address or changes, if any, by email to AGM (SDX/MM) giving
your bidder Code.
c) Please resolve your rejections and unexecuted overdue
purchase order immediately which are posted at our B2B
Portal, which can be visited through our site
www.bhelhwr.co.in
d) Copy of this Tender Enquiry is being sent through the post.
25. MAKE IN INDIA (GOVT-NOTIFICATION).
A. This tender enquiry shall be governed by notification no. P-45021/2/2017-PP (BE-II) dated 28.05.2018 of government of INDIA. Accordingly, the minimum local content, the margin of purchase preference and the procedure for preference to make in INDIA shall be adhered.
B. Default purchase preference shall be 20% to local suppliers with default minimum local content of 50% for all items / works / services unless any of the Nodal Ministry has
prescribed, or prescribe in future lower or higher percentage of purchase preference and/or local content in respect of any items / works / services in which case the purchase preference and/ or local content for that particular items / works / services shall be as prescribed by the Nodal Ministry.
C. Vendor to specifically confirm if they are local supplier or not
as per above mentioned notification. Accordingly, the local supplier at the time of tender, bidding or solicitation shall be required to provide self-certification that the item offered meets the minimum local content and shall give details of the location(s) at which the local value addition is made.
‘Local Supplier’ means a supplier or service provider whose product or service offered for procurement meets the minimum local content. ‘Local Content’ means the mount of value added in India, which shall, unless otherwise prescribed, be the total value of the item procured (excluding net domestic indirect taxes) minus the value of imported content in the item (including all custom duties) as a proportion of the
total value, in percent.
D. In cases of Procurement for a Value in Excess of Rs. 10 Crores,
the Local Supplier shall be required to provide a Certificate from the Statutory Auditor or Cost Auditor of the Company (in the case of companies) or from a practicing Cost Accountant or practicing Chartered Accountant (in respect of suppliers other than companies) giving the percentage of Local Content.
E. Requirement of Purchase Preference: Purchase preference shall be given to local suppliers in all procurements undertaken in the manner specified hereunder-
a. “In Procurement of Goods, Services or Works in respect of which the Nodal Ministry has communicated that there is sufficient local capacity and local competition, and where the estimated value of procurement is Rs. 50 lakhs or less, only local suppliers shall be eligible. If the estimated value of procurement of such goods or services or works is more than Rs. 50 lakhs, the provisions of below sub-paragraph b or c, as the case may be, shall be apply”.
b. “In the procurements of goods or work which are not covered by above paragraph a and which are divisible in nature, the following procedure shall be followed”;
i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the contract for full quantity will be awarded to L1.
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 11 of 12
ii) If L1 bid is not from a local supper, 50% of the order quantity shall be awarded to L1. Thereafter, the lowest bidder among the local suppliers will be invited to match the L1 price for the remaining 50% quantity subject to the local suppliers quoted price falling with in the margin of purchase preference, and contract for that quantity shall be awarded to such local supplier subject to matching the L1 price. In case such lowest eligible local supplier fails to match the L1 price or accepts less than the offered quantity, the next higher local supplier within the margin of purchase preferences shall be invited to match the L1 price for remaining quantity and so on, and contract shall be awarded accordingly. In case some quantity is still left uncovered on local suppliers, then such balance quantity may also be ordered on the L1 bidder.
c. “In procurements of goods or works not covered by sub-paragraph E.a) and which are not divisible and in procurement of services where the bid is evaluated on price alone, the following procedure shall be followed”:-
i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local supplier, the contract will be awarded to L1
ii) If L1 is not from a local supplier, the lowest bidder among the local suppliers will be invited to match the L1 price subject to local supplier’s quoted price, falling within the margin of purchase preference, and the contract shall be awarded to such local supplier subject to matching the L1 price.
iii) In case such lowest eligible local supplier fails to match the L1 price, the local supplier with the next higher bid within the margin of purchase preference shall be invited to match the L1 price and so on and contract shall be awarded accordingly. In case none of the local suppliers within the margin of purchase preference matches the L1 price, then the contract may be awarded to the L1 bidder.
F. “For this procurement, Public Procurement (Preference to
Make in India), Order 2017 dated 15.06.2017 & 28.05.2018 and subsequent Orders issued by the respective Nodal Ministry shall be applicable even if issued after issue of this NIT but before finalization of contract / PO / WP against this NIT.
In the event of any Nodal Ministry prescribing higher or lower percentage of purchase preference and/ or local content in respect of this procurement, same shall be applicable.”
G. Procurements where estimated value to be procured is less
than Rs. 5 lakhs shall be exempted from GOI order No. P-45021/2/2017-PP (BE-II) dated 28.05.2018
H. For procurement of Goods & Services which are divisible in nature, following shall be operated for MSE bidders under Public procurement (Preference to make in India), Order 2017 (revision) ;-
a. If L1 bid is not from local Supplier and price quoted by MSE bidder falls within the margin of Purchase preference (L1+15% for MSEs), then 25 % of total order quantity of respective item (rounded off to nearest number) shall be awarded to MSE bidder, subject to MSE bidder matching the L1 Price. Out of Remaining 75% quantity, distribution shall be operated as per below sub-clause (2) -
b. If Local Supplier (Next to L1, other than MSE) quoted price falling within the Margin of Purchase Preference, and local supplier matches the L1 price, then 50% of remaining Quantity (after allocation of 25% to MSE) i.e. 37.5% shall be awarded to local supplier and 37.5% shall be awarded to Foreign bidder.
Note : L1 Price refers to lowest evaluated / landed cost to company.
For Further details, please refer GOI order no. P-45021 / 2 / 2017 - PP (BE-II) dated 28.05.2018.
26. NOTE.
a) Special conditions of enquiry, if enclosed by BHEL, will
supersede the respective standard / general terms of enquiry.
b) Any other Standard terms and Conditions of the bidder
attached / referred against the tender enquiry will be treated
as null and void ab initio.
c) In order to protect the commercial interests of BHEL, it
becomes necessary to take action against suppliers /
contractors by way of supervision of business dealings, who
either fail to perform or are in default without any reasonable
cause, cause loss of business / money / reputation, indulged
in malpractices, cheating, bribery, fraud or any other
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BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403)
General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC)
For Indian Bidders (Version April-2019, Rev: 04)
## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored.
P a g e | 12 of 12
misconducts or formation of cartel so as to influence the
biding process or influence the price etc. Guide- lines for
Suspension of Business Dealings with Suppliers / Contractors
shall prevail over which is available at BHEL website
http://www.bhel.com
d) The bidder along with its associate / collaborators / sub-
contractors / sub-vendors / consultants / service providers
shall strictly adhere to BHEL Fraud Prevention Policy displayed
on BHEL website http://www.bhel.com and shall immediately
bring to the notice of BHEL-Management about any fraud or
suspected fraud as soon as it comes to their notice.
e) “BHEL shall recover the amount of compensation paid to
victim(s) by BHEL towards loss of life / permanent disability
due to an accident which is attributable to the negligence of
contractor, agency or firm or any of its employees as detailed
below;
1. Victim: Any person who suffers permanent disablement or dies
in an accident as defined below.
2. Accident: Any death or permanent disability resulting solely
and directly from any unintended and unforeseen injurious
occurrence caused during the manufacturing / operation and
works incidental thereto at BHEL factories/ offices and
precincts thereof , project execution , erection and
commissioning, services, repairs and maintenance, trouble
shooting, serving , overhaul, renovation and retrofitting , trial
operation, performance guarantee testing undertaken by the
company or during any works / during working at BHEL Units/
Offices/ townships and premises/ project sites.
3. Compensation in respect of each of the victims:
(i) In the event of death or permanent disability resulting from
Loss of both limbs: Rs. 10,00,000/-(Rs. Ten Lakh).
(ii) In the event of other permanent disability: Rs. 7,00,000/- (Rs.
Seven Lakh).
4. Permanent Disablement: A disablement that is classified as a
permanent total disablement under the proviso to Section 2(I)
of the Employees Compensation Act, 1923.”